Hello! My mother had bought a flat in 2017 on her name. there in no loan left on this flat. my father is a nominee. She died in august 2021, a month back. After that everyone in our family is asking me to be the next owner of this house. Little bit about our situation: I have a younger brother who is a verrrrry slow learner ( his mental age is around 16-17 even though is he 29 yrs old, doesn't have a down syndrome). My father is 70+ but he also can not think of on his own. So people take advantage of both of them. I am 36 years old. I am married and live in USA. Before marriage me and my mom were the earners and primary decision makers in the family. This is why everyone is worried about my father and brother's capabilities and wants me to take control of the property. (I read somewhere *If the heir does not have an independent source of income, an undertaking by an earning member and relative of the heir, who is ready to pay all Society's due of the heir has to be made on Rs100 Non-judicial Stamp Paper. - I dont have full fledged job because of the visa rules. but i do freelancing sometime. also i already have a flat on my name. will it create tax issues for me and my husband by taking ownership of another house?) My question is what will be the process and fees of transferring the ownership on my name since I wasnt there at the time of buying the property. Plus now my name on my all documents have been changed. Or else is there any way I can atleast control the situation. also how much time this all process would take as i will have to go back to USA in 6-7 months time.
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nominee is only trustee for legal heirs
2) on mother demise you have one third share in flat
3) your father and sibling can execute registered gift deed in your favour .you can apply to society to transfer flat in your name
4) you would be absolute owner of property
5) it should not take more than 15 days
You can make an application to Society seeking transfer of flat in your name enclosing death certificate and NOC from father and brother. It will not much time if all documents are ready it can be completed within a week.
Dear Client,
According to Section 30 of the Maharashtra Co-operative Societies Act, 1960, read with Rule 25 of the Maharashtra Co-operative Societies Rules, 1961, upon the owner's death, the society must transfer the flat and the shares in the society to the owner's nominee.
Therefore, you may make an application to the Society for nominating yourself to the ownership of the property after executing a registered gift deed by your father and younger brother.
Thank you.
- Since your mother is the owner of the said flat , then after her death , the property would be devolved upon her legal heirs i.e. your father , brother , and you equally.
- Further , a nominee cannot claim the ownership of the property after the death of owner.
- Further, your brother and father can release their respective 1/3rd share in your favor after executing relinquishment deed , and on the ground of that document only the society can transfer the ownership in your name.
If you are a member you can transfer or change it anytime by filing an application to the society
Firstly this property belonged to your mother hence upon her intestate death this property shall devolve equally on all her legal heirs i.e., your father, your brother and yourself.
If you want this property to be on your name alone then the other two legal heirs have to transfer this proeprty to your name by executing a registered release deed relinquishing their rights in the property.
The question is not about their mental status of slow learning.
Until and unless they are declared as mentally insane people, they can still be considered as eligible to transfer their share in the property to your name.
It cannot be done on a Rs. 100 stamp paper, it has to be done by a registered deed alone.
There is no problem in you holding more than one house.
There are no tax implications on owing more than one house
You may have to show the income derived from the properties in your income tax returns, which will suffice all other requirements in this regard.
as your mother died intestate, the flat will devolve on all her legal heirs
thus you, your sibling and father each will have 1/3rd share in the flat
you cannot claim exclusive ownership over the flat unless your father and sibling register a release deed in your favour
the fact that your father is old and your sibling is having some issues, would not DISENTITLE them from their 1/3rd share which they have inherited in the flat
as of now the society can transfer the share certificate to your name so that this would give a valid legal discharge to the society in all affairs pertaining to the flat
this would not mean that you become the exclusive owner
you would merely be holding the flat in trust and as a trustee for your father and sibling
as your sibling is not in a sound of state of mind to release his share, your father as his natural guardian has to apply to the Court in a guardianship petition to take permission of the Court to transfer the brother's share in your favour
